T.P. Selvakumar v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2019
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P (MD) No.25646 of 2019 and W.M.P(MD) No.22215 of 2019 T.P.Selvakumar ... Petitioner Vs 1.The Commissioner of Police Madurai City,Alagarkovil Road Tallakulam, Madurai- 625 002
2. The Assistant Commissioner of Police Vilakkuthoon Police Station
3. The Inspector of Police Teppakulam Police Station
4. The Commissioner Madurai Municipal Corporation Anna Maaligai, Tallakulam Madurai ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, forbearing the respondents 1 to 3, their men and agents from in any way interfering with the peaceful running of the petitioners business of Beauty Parlour, beauty Treatment, Business Auxillary Service like Health care and massage in the petitioners Spa Centre namely Blooming Day Spa situated at No.163-C/1 kamarajar Salai, Madurai-9, by considering the representation of the petitioner dated 04.11.2019 For Petitioner : Mr.S.C.Herold Singh For Respondents : Mrs.S.Bharathi No.1 to 4 Government Advocate(Crl.Side)
O R D E R
This Writ Petition has been filed forbearing the respondents 1 to 3, their men and agents from in any way interfering with the peaceful running of the petitioners business of Beauty Parlour, beauty Treatment, Business Auxillary Service like Health care and massage in the petitioners Spa Centre namely Blooming Day Spa situated at No.163-C/1 kamarajar Salai, Madurai-9, by considering the representation of the petitioner dated 04.11.2019 1/3
2. The learned counsel for the petitioner would submit that the petitioner is running a Spa Centre in the name and style of "Blooming Day Spa situated at No.163-C/1 kamarajar Salai, Madurai-9" after paying necessary charges to the appropriate authorities. The petitioner is running a massage centre by adopting legal procedures and that there are no locks in the door and in the centre CCTV cameras were fitted and bath rooms are left without doors, however it can be left provided with screens. Further the petitioner is also giving traditional treatment and as on date the petitioner has not brought any adverse notice. The respondents 2 and 3 under routine raid visiting the premises of the petitioner and conducting search, thereby creating fear in the minds of customers visiting the massage centre.
He would also submit that the petitioner is having fundamental right to carry on legal business, whereas due to harassment the business of the petitioner is put to peril. He would also submit that in W.P.No.24629 of 2014 this Court by an order dated 09.12.2014 had already give certain guidelines to the respondent to deal with the business like that of the petitioner.
3. The learned Government Advocate(Crl.Side)appearing for the respondents, would submit that the respondents are following the guidelines issued by this Court W.P.No.24629 of 2014 dated 09.12.2014 and whenever any complaint is received, it is the duty of the petitioner to visit the same and if the petitioner is brought any adverse notice, the respondents are bound to take appropriate legal action inaccordance with law.4. In view of the same, the writ petition is disposed of with a direction to the respondent police to follow the guidelines issued by this Court W.P.No.24629 of 2014, dated 09.12.2014. No costs.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) aav To 1.The Commissioner of Police Madurai City,Alagarkovil Road Tallakulam, Madurai- 625 002
2. The Assistant Commissioner of Police Vilakkuthoon Police Station 2/3
3. The Inspector of Police Teppakulam Police Station
4. The Commissioner Madurai Municipal Corporation Anna Maaligai, Tallakulam Madurai 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.S.C.HEROLD SINGH, Advocate ( SR-102944[F] dated 02/12/2019 ) Order made in W.P (MD) No.25646 of 2019 02.12.2019 VB(03.01.2020) 3P 7C 3/3